COLLECTIVE AGREEMENT. Between NSP MARITIME LINK INCORPORATED ( OWNER ) -and- INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS ( IBEW ) -and-

Transcription

1 COLLECTIVE AGREEMENT Between NSP MARITIME LINK INCORPORATED ( OWNER ) -and- INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS ( IBEW ) -and- INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1928 ( IBEW 1928 ) FOR THE ERECTION OF TRANSMISSION, RELATED INFRASTRUCTURE AND RELATED ACTIVITIES FOR THE MARITIME LINK PROJECT WITHIN THE PROVINCE OF NOVA SCOTIA 1

2 TABLE OF CONTENTS ARTICLE DESCRIPTION PAGE 1 Purpose and Project Culture Parties Definitions Scope and Recognition. 6 5 Management Rights Union Security. 8 7 Hiring Provisions Access to Site Security and Site Regulations Health and Safety Human Rights Diversity and Gender Equity on the Project Strikes and Lockouts Liaison Committee Grievance and Arbitration Shop Stewards Maximize Productivity Work Teams Hours of Work, Work Schedules and Overtime Provisions Shifts Reporting Time Call Out Vacation and Recognized Holidays Travel and Board Allowance Wages and Benefits Project Enhancement Programs Termination of Employment Tools Lunchroom and Facilities Apprenticeship and Training Leave of Absence Work Refusal Commissioning Saving Duration.. 40 Signing Page

3 SCHEDULES Schedule A Project Definition 42 Schedule B Designated Geographical Area. 45 Schedule C Gross Hourly Package 47 Schedule C.1 - Definition of Classifications 54 Schedule D List of Arbitrators.. 57 Schedule E Owner/Operators.. 59 Schedule F Clearing Operations, Designated Laydown Area, Transportation Classifications and any other Classifications Agreed by the Parties Schedule G Tool Lists. 68 Schedule H - Extended Work Schedules 71 3

4 ARTICLE 1 PURPOSE AND PROJECT CULTURE 1.01 The purpose of this Project Agreement ( Agreement ) is to establish certain terms and conditions of employment for workers employed by Contractors for the erection of transmission, related infrastructure and related activities for the Maritime Link Project within the Province of Nova Scotia. The Parties jointly recognize that this is Nova Scotia s Project and is of immense importance in bringing clean, renewable energy to Atlantic Canada The Parties agree to work collaboratively, to support positive labour relations and to utilize the International Brotherhood of Electrical Workers Code of Excellence. The Parties will work to achieve high levels of labour productivity while embracing a respectful work environment, safety, quality, efficiency and respect for the environment This Agreement will facilitate the participation of qualified residents of Nova Scotia and Newfoundland and Labrador, women and members of other underrepresented groups The Agreement and its constituent Appendices, Recitals, Schedules, Letters of Understanding and Memoranda of Agreement (the Supplementary Attachments ) shall constitute a Collective Agreement for the purposes of Part I of the Trade Union Act R.S.N.S. 1989, c. 475 when executed by the Parties and shall be administered as such. The terms of this Agreement, including all Supplementary Attachments, shall take precedence over any existing or future union contracts or agreements entered into by the IBEW and/or IBEW, Local In the event that a conflict exists between Article 1 to Article 35 of this Agreement and the Supplementary Attachments to this Agreement, the applicable Article in the Agreement shall prevail unless the Parties agree in writing otherwise The Unions, their officers and representatives at all levels, and all employees are bound to observe the provisions of this Agreement. The Contractors, their officers, directors, representatives and employees at all levels are bound to observe the provisions of this Agreement. ARTICLE 2 PARTIES 2.01 The Parties to this Agreement shall be as follows: a) NSP Maritime Link Incorporated; b) International Brotherhood of Electrical Workers; c) International Brotherhood of Electrical Workers, Local 1928; and d) Contractor(s). 4

5 ARTICLE 3 DEFINITIONS 3.01 The following definitions apply to this Agreement: a) Benefits Strategy means the Government of Newfoundland and Labrador and the Government of Nova Scotia memorandum of understanding with respect to industrial and employment benefits. b) "Commissioning" includes pre-commissioning, static commissioning and dynamic commissioning, including work required to calibrate, test, energize or partially energize or trial equipment, processes, systems, transmission infrastructure, transition compound(s), communications systems or related infrastructure including but not limited to substations, converter stations, grounding sites, transformers and synchronous condensers prior to turning all or a portion of any of the aforementioned over to the operations team or any other group designated by the Owner responsible for start-up and operating the transmission system or any of its components. c) "Contractor", Employer or employer means any contractor engaged by the Owner, or any subcontractor engaged by a Contractor, to carry out work on the Project falling within the scope of this Agreement, but does not include the Owner or the Owner's agent carrying out engineering, procurement, purchasing and project management work. d) Project or Maritime Link Project means the erection of transmission, related infrastructure and related activities for the Maritime Link in Nova Scotia more particularly described on Schedule A. e) "Owner" means NSP Maritime Link Incorporated. f) "Party" or "Parties" means the party or parties to this Agreement namely NSP Maritime Link Incorporated, the International Brotherhood of Electrical Workers, the International Brotherhood of Electrical Workers Local Union 1928 and the Contractor(s). g) Province means Nova Scotia and/or Newfoundland and Labrador. h) Provincial Resident means a Canadian citizen or permanent resident who has, as of the date determined by the Owner or earlier, his/her principle residence in the Province of Nova Scotia or Newfoundland and Labrador. Factors and/or current documents to be examined when determining who is a resident may include property tax assessments, lease agreements, driver s licences, vehicle registrations, income tax returns, voter s list registrations or proof of provincial health coverage. 5

6 i) TFW means Temporary Foreign Workers being workers from outside Canada who are authorized to enter and work in Canada. j) "Union" or "Unions" shall mean the International Brotherhood of Electrical Workers and International Brotherhood of Electrical Workers Local Union ARTICLE 4 SCOPE AND RECOGNITION 4.01 The Owner, Contractor(s) and the Unions hereby agree that the Unions shall represent all employees of Contractors as described in the classifications set out and attached hereto in Schedules C, C.1, E and F engaged in work on the Project in all matters relative to this Agreement Where the Owner and/or Contractor create a new classification to be included in Schedule C and C.1, the Owner shall establish the classification and wage rate of the new position and the Union shall be notified in writing within 14 calendar days. The classification and wage rate shall be subject to negotiation with the Union. If no agreement is reached within thirty (30) calendar days, the matter may be submitted to arbitration All Contractors engaged in work on the Project and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to observe the terms and conditions of this Agreement This Agreement is limited to the Project and any work performed by the Owner, Contractors or their employees under the terms of this Agreement shall not in any way create bargaining rights or obligations for the Owner or Contractors or their employees not working on the Project, nor shall work performed under this Agreement be the basis of support for the creation of any bargaining rights or obligations outside the Project by voluntary recognition or by action of law pursuant to the Trade Union Act of the Province of Nova Scotia or by any other means This Agreement does not apply to: a) supervisors above the rank of foreperson, those excluded under the Trade Union Act of Nova Scotia, office staff, engineering staff, technical and drafting personnel, engineering surveyors, document control persons, security personnel, and quality control and visual inspectors; b) employees of NSP Maritime Link Incorporated, Emera Inc. and Nalcor Energy and or any of their subsidiaries, performing work on the Project or any portion of the Project; c) persons engaged in the supply, installation, termination and testing of the Marine HVDC cable system crossing the Cabot Strait, including but not 6

7 limited to associated work from the terminal points of the cable systems at the Transition Site located at Cape Ray, in the Province of Newfoundland and Labrador to the terminal points of the cable systems at the Transition Site located at Cape Breton, Nova Scotia. This work includes but is not limited to persons engaged in the supply and installation of surge arrestors, terminations, fibre optic systems, HVDC cable accessories and spares, land HVDC cable including trenching, engineered thermal backfill, transition joint bays, horizontally drilled cable conduits, HVDC marine cable, submarine berm and trenching, operation of rock quarry and transportation of materials from such rock quarry It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement by the Owner, or their subsidiaries and affiliates and their successors with the International Brotherhood of Electrical Workers, International Brotherhood of Electrical Workers, Local Union 1928 or any affiliates of either union, by voluntary recognition or by action of law pursuant to the Trade Union Act of the Province of Nova Scotia or by any other means. Accordingly this Agreement does not apply to the Owner, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. Accordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner, their subsidiaries, affiliates and their successors or to any employees of the aforementioned The Owner shall designate, in writing, one or more Project representatives with full authority to administer the terms of this Agreement. The Union agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Owner Project representative as an exofficio member of all joint committees. Should the Owner change any of its designated Project representatives, it shall inform the Union of such change in writing The Union shall designate one or more Project representatives, in writing, with full authority to administer the terms of this Agreement. The Owner agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Union Project representative as an ex-officio member of all joint committees. Should the Union change any of its designated Project representatives, it shall inform the Owner of such change in writing The Contractor(s), the Union or any member of the bargaining unit shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Any agreement on any matter within the scope of this Agreement or any agreement as to the interpretation of this Agreement shall be null and void and not enforceable except as provided in 7

8 the herein Article. Only the Owner and the Union may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into agreement as to the interpretation or application of this Agreement The International Brotherhood of Electrical Workers and IBEW Local Union 1928 jointly and severally agree with the Owner and the signatory Contractor(s) and with each other that during the term of this Agreement, and any extension to the term of this Agreement, they will continue to represent the employees who come within the scope of this Agreement and they agree during the term and any extension to the term not to seek to bargain individually with any Contractor, to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. ARTICLE 5 MANAGEMENT RIGHTS 5.01 The Contractors retain full and exclusive authority for the management of their business in all respects, subject to the provisions of this Agreement Without restricting the generality of the foregoing, it is agreed that it is the exclusive function of the Contractors: a) to determine qualifications, skills, abilities and competency of employees; b) to determine the required number of employees; c) to hire, transfer, select, assign work, monitor and manage productivity, promote, demote, lay-off, discipline and discharge employees for just cause and to increase or decrease the working force from time to time; d) to determine productivity levels, job competence, materials to be used, design of products, facilities and equipment required, to prescribe tools, methods of performing work and the location of equipment, the location work is to occur, and the scheduling of work; and e) to establish, implement, monitor and enforce policies, procedures, rules and regulations to be observed by employees, and noncompliance may involve discipline, including dismissal. ARTICLE 6 UNION SECURITY 6.01 The Owner, Contractors and the Union agree that regardless of whether an employee applies for membership in the Union, the Union shall represent all employees in the bargaining unit working on the Project in all matters relative to this Agreement. 8

9 6.02 The Contractor agrees to deduct from the earnings of all employees covered by this Agreement, union dues and assessments ( Union Dues and Assessments ), as a condition of employment, in an amount as directed by the Union from time to time The Contractor agrees to provide an authorization form furnished by the Union to the employee for signing, authorizing the Contractor to deduct and remit the Union Dues and Assessments to the Union. Any employee who refuses or neglects to sign the appropriate authorization form(s), or who revokes the authorization, will be deemed to have forfeited his/her right to employment on the Project and will be deemed to have voluntarily resigned The Contractor shall deduct the Union Dues and Assessments and forward such monies to the Union on or before the fifteenth (15 th ) day of the following month. When remitting Union Dues and Assessments the Contractor shall provide the name, address and classification of each employee from whose pay such deductions have been made The Union shall save the Owner and Contractor harmless from any and all claims that may be made against the Contractor for amounts deducted and remitted to the Union in accordance with this Article Initiation fees for employees who apply for and are granted membership in the Union will be deducted from employee s first pay unless otherwise directed by the Union The Owner, Contractors and the Union agree that initiation fees, union dues, assessments and other fees or costs related to union representation of bargaining unit employees and/or union membership must be reasonable The Contractor shall not discriminate against any employee by reason of membership in the Union The Parties agree that Local Union and International Representatives, designated in writing to the Owner, may have reasonable access to the work site(s) on the Project to conduct union business. Local Union and International Representatives shall be subject to all Contractor and Owner policies, procedures, standards and regulations applicable to site access. Prior arrangements for site access will be made with the Union and Owner Site Representatives. The Contractor and Owner shall be given reasonable notice of the site visit which shall in no way interfere with the progress of work. ARTICLE 7 HIRING PROVISIONS 7.01 The Parties agree that creating a sustainable, flexible and scalable workforce will benefit the Union and ensure there is a significant workforce in Nova 9

10 Scotia with the ability to obtain workers from Atlantic Canada and other parts of Canada to support the Project The Parties agree that Union referrals and Contractor name hiring and selection shall give priority to qualified residents of Nova Scotia and Newfoundland and Labrador taking into account the Benefits Strategy and gender equity and diversity objectives as established with the Province To ensure the Parties meet their obligations as per Article 7.02, the Parties agree that all Project partners, including Contractors, the Union and the Owner will work proactively and progressively to advance the participation and integration of qualified residents of Nova Scotia and Newfoundland and Labrador, qualified females and other underrepresented groups in the areas of employment, training and apprenticeship in accordance with the gender equity and diversity objectives as established with the Province After employment priority is given to comply with the obligations contained in Articles 7.02 and 7.03, the Parties are committed to work cooperatively to identify, recruit, refer and hire workers in the following priority: a) Qualified Canadian workers who are members of affiliate locals of the Union; b) Qualified Canadian workers; c) Temporary Foreign Workers being qualified non-canadian workers that are members of the Union affiliate locals and who are authorized to enter and work in Canada; d) Temporary Foreign Workers being other qualified non-canadian workers who are authorized to enter and work in Canada All workers hired pursuant to Article 7.02, 7.03 and 7.04, shall be represented by the Union and pay initiation fees, dues or other assessments upon and after hiring as per Article The Parties hereto agree that should Temporary Foreign Workers be required for employment on the Project, the following will apply: a) Temporary Foreign Workers will be initially accessed from the hiring halls of the Union or local affiliates of American unions. If such unions cannot supply Temporary Foreign Workers within two (2) weeks from receipt of the request, such Temporary Foreign Workers may then be accessed from other sources. b) Temporary Foreign Workers employed by Contractor(s) on the Project shall have a minimum period of employment of six (6) months, and 10

11 shall be permitted mobility from one Contractor to another Contractor on the Project, subject to work availability and there are no qualified residents of Nova Scotia or Newfoundland and Labrador available to work at the time the Temporary Foreign Workers are hired. c) Temporary Foreign Workers will be subject to the same financial and other terms and conditions of this Agreement as Canadian workers with the exception of, if necessary, adjustment to the financial allocation of benefits, provided that there is no change to the gross hourly rate The International Brotherhood of Electrical Workers and IBEW Local Union 1928 will fully cooperate in the Temporary Foreign Worker application process, including the execution of any documents that are reasonably necessary to support an application for the utilization of Temporary Foreign Workers to Human Resource and Skills Development Canada or any other regulatory agency. All reasonable costs associated with Temporary Foreign Worker applications will be paid by the Owner and/or Contractor(s) Except as provided in Schedules E and F attached hereto and forming part of this Agreement, the Parties agree that the Contractor(s) shall, per contract, adhere to the following hiring procedure: a) Name hire or select all working or non-working forepersons from the Union list of qualified workers; b) The first worker shall be appointed by the Union as a Shop Stewart with the next six (6) workers being name hired or selected by the Contractor from the Union list of qualified workers; c) Name hire or select new hires with the Union referring the eighth (8) worker, the Contractor name hiring or selecting the next worker, and so on thereafter. The Shop Steward(s) will be appointed from the Union referrals; d) All workers name hired or selected by the Contractor(s) or referred by the Union to work on the Project must be in possession of a Union clearance card when reporting for work. The Union shall provide clearance cards in a timely and efficient manner a) The Parties agree that highly qualified supervision is fundamental to the success of the Project, therefore the following will apply: i. Forepersons will be selected or name hired after having received multifaceted orientation and training, including but not limited to site and project agreement orientation, safety, environment, IBEW Code of Excellence, cultural and gender sensitivity, supervising, mentoring and 11

12 coaching, scheduling and budgeting, respectful workplace, labour relations dispute resolution pursuant to the Agreement, productivity, management of and maintaining schedule, in advance of coming to work so that they have the skills and tools to succeed. ii. iii. iv. Forepersons may be hired without having received the training described in Article 7.09 (a)(i) above in which case such foreperson shall receive the training within two (2) months after being hired. The Contractor may promote a journeyperson to the position of foreperson. Within two months after the appointment, such foreperson shall receive the training set out in paragraph 7.09(a)(i) above. The designation and determination of the number of forepersons is the responsibility of the Contractor. The foreperson may be a working foreperson for crews of ten (10) or less workers and use the tools of the trade, taking into account safety, productivity and efficiency, with the exception of safety-sensitive hot line work and dressing tower work where the foreperson may be a working foreperson for crews of five (5) or less employees and use the tools of the trade. v. The selection of forepersons must be in alignment with the Benefits Strategy and gender equity and diversity objectives established in consultation with the Province. b) The Parties agree that it is fundamental to the success of the Project to have highly trained employees, and accordingly agree to the following: i. workers will be selected or name hired by the Contractor and/or referred by the Union from a group of workers that have received preemployment multifaceted orientation and training including but not limited to, site and project agreement orientation, safety, environment, IBEW Code of Excellence, cultural and gender sensitivity, respectful workplace, dispute resolution pursuant to the Agreement and productivity, so that such employees have the skills and tools to succeed; ii. In the event that no qualified workers described in 7.09 (b)(i) are available, workers may be selected or name hired from a group that have not received the pre-employment orientation and training, in which case such workers shall receive the orientation and training prior to commencing work on the Project. c) The parties will collaborate to identify and access available funding for the purposes of developing and delivering pre-employment training as contemplated by 7.09(a)(i) and 7.09(b)(i). 12

13 7.10 a) The Parties hereto agree that the Union list of qualified workers referred to herein is reference to those forepersons and workers who have applied to the Union and/or the Owner and have been approved by the Union and Owner for employment opportunities on the Project and have received the preemployment orientation and training pursuant to Article 7.09(a)(i) and/or Article 7.09(b)(i). If there is a dispute as to whether or not a person is approved to be on the Union list of qualified workers for purposes of this Agreement, the Union and the Owner/Contractor agree to meet expeditiously to discuss and use reasonable good faith efforts to resolve the dispute. If the dispute is not resolved such dispute may be referred by either the Owner or Union to a panel pursuant to Article 7.10(b), (c) and (d). b) The panel shall consist of three persons, who shall serve for the duration of the Project. In the event that any one of the panelists can no longer serve, for whatever cause, the Parties agree to forthwith replace their nominee or to agree to the independent third party (ITP). If the Parties cannot agree to an ITP, they shall apply to the Minister of Labour and Advanced Education, Government of Nova Scotia, for the appointment of the ITP. The panel shall consist of three persons: i. One appointed by the Owner; ii. iii. One appointed by the Union; An ITP who is neither a lawyer nor an arbitrator under this Agreement. c) Decisions of the Panel, by agreement of the Parties, shall be final, binding and not subject to the arbitration process herein, appeal, judicial review or any other form of judicial intervention. d) Decisions of the Panel shall be made on an expedited basis: i. Any dispute as to whether or not a person is approved to be on the Union list of qualified workers for the purposes of this Agreement will be referred in writing to the Panel within seven (7) days of the dispute arising. The referral must itemize the issues in dispute, including the reasons why the disputing party claims the person should be approved to be on the Union s list of qualified workers. ii. All referrals to the Panel will be heard within seven (7) days of such written referral. Notice of the referral shall be provided to all affected Parties by the referring Party. Each Party shall have the right to present evidence and make representations to the Panel, which presentation of evidence and/or making of representation shall be limited to one (1) hour unless such period is extended by a majority of the Panel. The 13

14 Panel will render its decision within forty-eight (48) hours of the completion of the hearing. All decisions must be by a majority of the Panel If the Union is unable to supply the workers required within four (4) days from the date requested, exclusive of Saturdays, Sundays and holidays, the Contractor may hire from other sources. Each worker hired from other sources will be governed by the terms and conditions of this Agreement The Union recognizes the Contractor's right to evaluate employees to determine their level of competency, skill, ability, level of productivity and efficiency and qualifications to perform the work required The Parties agree to the following: a) Employees shall be required to undergo a pre-employment medical examination or a pre-employment assessment to determine if such employee is fit to perform the applicable work. The Contractor and/or Owner, in consultation with the Union, will determine the criteria for such pre-employment medical examination or pre-employment assessment to be performed by a physician or other qualified healthcare professional as named by the Owner. b) Any employees who have been laid off from the Project for a six (6) month period, or more, shall be required to undergo a pre-employment medical examination or pre-employment assessment to determine if such employee is fit to perform the applicable work. c) Where it is not practical for a prospective worker to report to a physician or such other qualified healthcare professional named by the Owner, the Owner or Contractor may require the prospective worker to report to another physician to receive a pre-employment medical examination in accordance with the criteria determined pursuant to Article 7.13(a). d) The Owner or Contractor shall pay the reasonable cost for the physician or such other qualified healthcare professional authorized by the Owner or Contractor to perform the pre-employment medical examination or preemployment assessment The Parties agree that employee(s) employed on the Project that is being laid off from one Contractor may be hired by another Contractor subject to the following: a) the Contractor has work available for the employee; and b) the Union has no other qualified workers on the Union list of qualified workers at the time of layoff who has received the pre-employment orientation and training required for the Project. 14

15 7.15 Once employed on the Project, an employee, subject to the Contractor s approval, shall be permitted mobility from one contract job to another contract job within the Project as long as they continue on the payroll of the same Contractor without interruption of earnings at or about the time of change Once an employee working on the Project resigns his or her employment with a Contractor, such employee will not be permitted to work on the Project for ninety (90) days from the date such employee ceased to be employed, unless the ninety (90) day period is waived by the Owner after consultation with the Union In the event that an employee is terminated or suspended for cause, such employee will not be name hired, selected or referred to the Project, except by agreement of the Parties or in the event the termination is set aside and a lesser penalty is imposed or the suspension has been served. After any suspension imposed or upheld is served, such employee may be name hired, selected or referred to the Project. ARTICLE 8 ACCESS TO SITE 8.01 Notwithstanding any provision herein, vehicles transporting or delivering materials, modules, goods and/or supplies to and from the Project, which are not operated by members of the bargaining unit, shall be permitted to drop off or pick up at multiple locations on the Project at or near the point of installation, use, marshaling or such other area(s) as directed by the Contractor. Any module, materials, goods or supplies transported to the Project requiring specialized delivery may be delivered from its point of deportation to its point of installation, use, marshaling or any other area(s) as directed by the Contractor by personnel who are not members of the bargaining unit. Vehicles picking up or delivering garbage containers, courier packages, mail, food or other materials at multiple locations on the Project may be operated by persons who are not members of the bargaining unit. No bargaining unit member will be required to accompany the driver of such vehicles or equipment Fueling of vehicles or equipment may occur or be done as required by the Contractor. Transportation of fuel, fueling of vehicles and/or fueling of equipment on the Project may be performed by persons who are not members of the bargaining unit Warranty work may, at the Contractor s discretion after consultation with the Union, be performed at any location on the Project by persons who are not members of the bargaining unit Specialized work or work requiring proprietary technology, as determined by the Owner after consultation with the Union, to be performed on the Project, 15

16 may at the Contractor s discretion, be performed at any location on the Project by persons who are not members of the bargaining unit Repair work or maintenance work on any vehicles or equipment on the Project may, at the Contractor s discretion, be performed at any location on the Project by persons who are not members of the bargaining unit. Maintenance preservation work on equipment and/or modules on the Project prior to commissioning may, at the discretion of the Owner/Contractor, be performed at any location on the Project by persons who are not members of the bargaining unit. ARTICLE 9 SECURITY AND SITE REGULATIONS 9.01 The Owner and Contractor(s) may initiate appropriate measures, including the establishment of rules, policies, procedures and regulations to safeguard the Project or any portion of the Project or the area of the Project controlled by the Contractor and to govern the behaviour and conduct of all persons therein. This right should not be interpreted in any way to restrict the Owner s ability to make rules, procedures, standards or regulations for the Project or any portion of the Project. ARTICLE 10 HEALTH AND SAFETY The Parties acknowledge that health and safety is a shared responsibility for every person participating in the Project. The Parties acknowledge that a safety first culture and a healthy work environment will be the foundation of a successful Project All work shall be performed in accordance with the Nova Scotia Occupational Health and Safety Act and in compliance with all Project Health and Safety regulations, rules, policies, standards or procedures, a copy of which shall be provided to the Union. The Parties recognize that it is the responsibility of everyone to cooperate in the reduction of risk and exposure with the objective of eliminating accidents, health and safety hazards and advocating observance of all safety rules, standards, procedures, regulations and policies The Parties acknowledge and recognize the mutual value of improving, by all proper and reasonable means, the health and safety of the employees and will co-operate to promote health and safety The Contractor(s) may provide, where appropriate, upon commencement of employment, specific articles or equipment for use by employee(s) during the course of employment on the Project Where the Contractor determines after an employee has been hired that the nature of the work or working conditions so require, employees shall be 16

17 supplied, at the Contractor's expense, all necessary safety equipment and/or devices to enable the employee to safely perform his/her duties. Employees shall be required to use safety equipment and/or devices in accordance with the intended use. Notwithstanding the foregoing, the Contractor shall provide to each employee upon commencement of employment, the following specific articles for use by the employee in the course of their employment on the Project: a) one (1) safety hat colour coded for identification together with a winter liner; b) one (1) pair of non-prescription safety glasses; c) one (1) safety vest; d) appropriate work gloves; e) rain gear (jacket and pants) and protective clothing (including rubber boots) when the nature of the job requires such clothing; and f) such equipment shall be of reasonable quality, fit and size for the employee All such equipment or articles provided under Article and hereof shall remain the property of the Contractor. It shall be the responsibility of the employee to care for the articles and equipment provided. Should the articles or equipment be rendered unsafe for use due to normal wear and tear during employment, the Contractor shall replace the articles by exchange upon return by the employee. The employee shall be responsible to return such equipment or articles in good working order (subject to reasonable wear and tear) at the end of an employee s employment. Failure to return such equipment or articles shall result in their cost being charged to the employee(s), which the Contractor may deduct from the employee's wages All personal protective equipment, whether employee or Contractor supplied, shall be Canadian Standards Association (CSA) approved The employee, except as otherwise provided for in this Agreement, shall be responsible to provide his/her personal safety footwear which is suitable for their work environment. Safety footwear shall meet CSA standards and be a type appropriate for their normal work duties and conditions The Joint Occupational Health and Safety Committee shall be established at the Project or an area of the Project in accordance with the Occupational Health and Safety Regulations for the Province. The frequency of meetings will be determined by the Committee itself, but no fewer than the number required by the Nova Scotia Occupational Health and Safety Act. All employees on the Committee shall receive, without loss of earnings, all training necessary to carry out their duties The parties agree to comply with the Workers Compensation Act of the Province of Nova Scotia. 17

18 10.11 Contractors, the Union and bargaining unit members agree to comply with the obligation to participate in job observations and investigations. ARTICLE 11 HUMAN RIGHTS The Parties agree to comply with the Nova Scotia Human Rights Act The Parties agree that there will be no contravention of this Agreement by a Contractor, Owner or Union as a result of the Contractor giving priority to qualified Provincial Residents and/or taking into account the Benefits Strategy and gender equity and diversity objectives as established with the Province. ARTICLE 12 DIVERSITY AND GENDER EQUITY ON THE PROJECT The Owner, Contractors and the Union will promote and support initiatives and plans in support of gender equity programs and diversity programs established with the Province. The Parties to this Agreement recognize and support the principles of diversity in employment and gender equity in the workplace and will work cooperatively to create a respectful and inclusive work culture The Owner, Contractors and the Union will support the gender equity and diversity programs established with the Province, including but not limited to working together to achieve and sustain participation goals for women and underrepresented groups by: a) Providing full access to employment opportunities for and employment of qualified women and qualified members of underrepresented groups (aboriginals, persons with disabilities and members of visible minorities); b) Implementing proactive programs and practices that contribute to the creation of an inclusive work environment consistent with the policies established for the Project and commitments in the Gender Equity and Diversity Program The parties agree that to achieve diversity objectives, the Parties have agreed to the name hiring provisions set out in Article 7.08(b) & (c) of the Agreement The Parties agree that the Agreement will not frustrate access to employment for underrepresented groups. ARTICLE 13 STRIKES AND LOCKOUTS The Owner, Contractors, the Union and the bargaining unit members agree that maintaining a positive work environment based on trust, respect and accountability is essential to the Project success and there shall be no labour 18

19 disputes. The Owner, Contractors, the Union and the bargaining unit members agree to the following: a) During the life of this Agreement there shall be no lockout by the Owner or Contractors and there shall be no strike on the part of the Union or bargaining unit members. Strikes and lockouts shall have the meaning defined in the Nova Scotia Trade Union Act and shall include, but not be limited to, work slowdowns or any other concerted activity designed to restrict or limit productivity or to support, encourage, condone or engage in concerted activities such as strike, work stoppage, picketing or organized slow-downs intended to restrict or limit productivity that affects any aspect of the worksite. b) If after an investigation has been completed, which investigation shall include consultation with the Union, the Owner or Contractor determines that an employee(s) has instigated an illegal strike contrary to Article 13.01(a) such employee(s) shall be terminated and shall not be name hired, selected or referred by the Union, the Owner or any Contractor to the Project. Should such termination be grieved and subsequently arbitrated, the Parties agree that should an arbitrator determine that a violation of Article 13.01(a) has occurred, the arbitrator shall have no jurisdiction to substitute a lesser penalty. c) If after an investigation has been completed, which investigation shall include consultation with the Union, the Owner or Contractor determines that an employee(s) has participated in an illegal strike contrary to Article 13.01(a) such employee(s) shall be subject to disciplinary action up to and including termination and, where terminated, shall not be referred by the Union, the Owner or any Contractor to the Project. Should such discipline be grieved and subsequently arbitrated, the Parties agree that should an arbitrator determine that a violation of Article 13.01(a) has occurred, the arbitrator shall have no jurisdiction to substitute a lesser penalty, except in the case of exceptional mitigating circumstances. ARTICLE 14 LIAISON COMMITTEE The Owner, its Contractors and the Union agree to the following: a) Provide strong leadership in both the Owner and Union in dealing with all work place issues and disputes. b) Commit to dealing with work related issues or disputes on the Project in a timely and collaborative manner with minimal impact to the working environment. c) Administering the grievance and arbitration process in a way that adheres to the above principles and ensures grievances and arbitrations are dealt 19

20 with in a timely and collaborative manner with minimal impact on the progress of work Both the Owner and Union agree to form a Liaison Committee to work collectively to achieve the following: a) Promote and maintain a safety first and healthy work environment; b) Adhere to Article above; c) Promote and maintain open and respectful communication in regard to all matters pertaining to the Project or the Agreement; d) Maximize productivity to ensure completion on or ahead of schedule; e) Foster and maintain proactive and positive industrial relations; f) Speedy resolution of disputes or issues arising under the Agreement; and g) Address matters of mutual interest pertaining to the Project or this Agreement The Liaison Committee shall maintain a maximum of five (5) and a minimum of three (3) representatives of the Owner and a maximum of five (5) and a minimum of three (3) representatives of the Union with the Chairperson alternating between a Union representative and Owner representative. The Owner shall appoint a designated Owner Site Representative who shall be responsible for recording and distributing the minutes of all meetings. At any meeting of the Liaison Committee, each of the Owner and the Union shall be entitled to cumulative representation equal to the number of representatives present from the other Party. Each Party shall notify the other in writing of its designated representatives on the Liaison Committee A meeting of the full Liaison Committee shall occur once every three (3) months or more often, if necessary, on written consent of the Parties. Each Chairperson shall submit to the designated Owner Site Representative a list of agenda items to be discussed. The designated Owner Site Representative shall prepare the agenda and distribute the agenda to the Committee members prior to the meeting The Liaison Committee may create a subcommittee for more frequent meetings for any specific geographical area of the Project or specific scope of work. The Union and the Owner will appoint representatives to be members of the subcommittee. A meeting of the subcommittee of the Liaison Committee may occur monthly or more often if necessary on written consent of the Parties. 20

21 14.06 Any Union representative appointed to serve on the Liaison Committee or subcommittee, who is an employee under this Agreement, will be given leave with pay, which leave shall be subject to Contractor approval, which approval will not be unreasonably withheld, to attend meetings which take place during the employee s regularly scheduled work hours. Any employee/union member not a representative of the Liaison Committee, required to attend a Liaison Committee or sub-committee meeting, will be given leave with pay, which leave shall be subject to Contractor approval, which approval will not be unreasonably withheld, to attend meetings which take place during the employee s regularly scheduled work hours. ARTICLE 15 GRIEVANCE AND ARBITRATION The purpose of this Article is to establish a procedure for the discussion and prompt resolution of grievances concerning a disciplinary measure for other than just and reasonable cause, or a dispute arising out of the interpretation, application, administration, or alleged violation of this Agreement All grievances shall be adjusted in accordance with the following procedures: a) PRE GRIEVANCE: Complaints must be taken by the employee(s), accompanied by the shop steward if they so desire, to the employee s nonunion supervisor to discuss and, if possible, to resolve within two (2) days after the circumstances giving rise to the complaint have occurred or within two (2) days of the employee becoming aware of such circumstances. Such resolution of the complaint shall not contravene the terms and conditions of this Agreement but is solely for the purpose of resolving the matter and shall not be considered as precedential or binding in any other grievance dispute. b) STEP 1: Any complaint discussed under (a) that is not satisfactorily resolved by the employee, steward and supervisor may become a grievance and shall be reduced to writing and provided to the supervisor within five (5) days after the circumstances giving rise to the complaint have occurred or within five (5) days of the employee becoming aware of such circumstances. The supervisor shall render his/her decision, in writing, within three (3) days of his/her receiving the written grievance. The written grievance shall state the alleged violation, the date of the violation, the facts describing the alleged violation, the location of the violation, the person or entity committing the violation, the Article or Articles of the Agreement alleged to have been violated and the remedy sought. c) STEP 2: Should the written decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his/her steward, shall submit the written grievance within a further two (2) days to the Owner s and the Contractor's designated 21

22 representative on the Project. The Owner, Contractor, and Union representative(s) and the employee, assisted by the shop steward, shall meet within five (5) days to discuss the matter. Prior to the second step meeting, the Owner, Contractor and Union commit to engage in a joint fact finding exercise with a view of developing a common understanding of the facts surrounding the dispute, to better position the Parties to resolve such dispute. The Contractor shall render a decision in writing within one (1) day of the second step meeting. If such a meeting is not held the matter shall be referred to Step 3. d) STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Owner and the Union representatives shall meet to discuss the matter. If no resolution can be achieved within two (2) days either the Union, the Owner or the Contractor may, within five (5) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter may be referred by either the Union, the Owner or the Contractor to the next step, arbitration The Contractor shall provide the Union with a copy of any written disciplinary action taken against an employee In the case of discharge or suspension: a) An employee who is discharged shall be notified in writing by the Contractor and a copy will be forwarded to the Union. Such notice will state the reasons for discharge. If the employee considers they have been discharged for other than just cause, they may, within three (3) days of receipt of the discharge notice, file a written grievance commencing at Step 3 of the grievance procedure. b) An employee who receives a disciplinary suspension shall be notified in writing by the Contractor and a copy will be forwarded to the Union. Such notice will state the reasons for the discipline. If the employee considers that they have been disciplined for other than just cause, they may file a written grievance commencing at Step 2 of the grievance procedure The Owner or Contractor may file a grievance, in writing, with the Union within five (5) days after the circumstances giving rise to the grievance have occurred or originated or within five (5) days of the Owner or Contractor becoming aware of such circumstances. The Union may file a grievance, in writing, with the Owner or Contractor within five (5) days after the circumstances giving rise to the grievance have occurred or originated or within five (5) days of the Union becoming aware of such circumstances. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3, and may be referred to arbitration in the same manner as an employee's grievance. 22

23 15.06 The appointment of an arbitrator will be made within four (4) days of a referral to arbitration under Step 3. The arbitrator shall be selected in rotation from the list of seven (7) arbitrators as set out in Schedule D attached to and forming part of this Agreement. The list shall be reviewed and may be updated by mutual agreement of the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in this Article, he/she shall be passed over to the next person on the list, and so on The arbitrator shall, within twenty (20) days of his/her appointment, convene an arbitration hearing to hear the relevant evidence. All rulings will be given by the arbitrator within fifteen (15) days of the conclusion of the hearing. The decision of the arbitrator shall be final and binding on the Parties The arbitrator shall be governed by the following provisions in addition to those set out in the Trade Union Act (NS). The arbitrator: a) Shall have jurisdiction and authority only to interpret and apply the provisions of this Agreement so far as shall be necessary for the determination of the grievance, including remedies, but shall not have the power to alter, add to or amend any of the provisions of this Agreement. b) Shall have the authority to review and modify any penalty imposed by the employer and, in the case of discharge of an employee, substitute such other penalty as deemed just and reasonable in the circumstance, except as may otherwise be provided in this Agreement. c) Shall determine whether a grievance is arbitrable. d) Shall have access to the worksite to view site facilities, ongoing work, installation of equipment and/or machinery, and other working conditions, which may be relevant to the resolution of the grievance. e) Shall determine the procedure and shall give full opportunity to both parties to present evidence and make representations. f) Shall not dismiss any grievance on a technicality or error on the grievance form In the interest of providing speedy resolution to grievances, arbitration hearings may be conducted by video and/or telephone conference call unless mutually agreed otherwise, with the Owner/Contractor and the Union representatives or their designated respective legal counsel(s) acting as presenters. 23